The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-10-28

shown in the memorandum which W
have that it was raised as to Sanford.
Mr.. Grinnell (interrupting)-"If the
Court please. the memorandum is not {
fair transcript of the record"
After some collOquy, the Chief Jus
tice directed that all parts of the record
relating to the question thus raised
should be printed and submitted to the
Court tomorrow.
Attorney General Hunt, resuming,
once more referred to the fact that the
jury law of Illinois was not attack by
counsel on the other side III the State
Supreme Court. They stated there, he
said, that they did not think it neces-
sary to attack the constitu ionality of
the law, because it may be given a con-
struction which would make it unob
Jectionable.
Mr.. Hunt believed it to be we'll set
tied anu esta blished that this COURT will
not review the decision of the Supreme
Court OF State as to the construction
to be given to it's own Constitution and
its own laws.
He then spoke for some time of the
jury law which he said has been com
mon law all over the United States. The
Illinois laws were substantially the
same as those o. New York, Michigan
Arksns .s, Colorado and Nebraska. Re-
cent changes in the jury laws of the
States had for the purpose and OBJECT
the procurement of a better class and
more Intelligent class of men
as jurors. rs il possible" the
ATTORNEY General asked, THAT the
States are to be so bound by the Federal
Constitution; that they cannot change
their jury laws in accordance
with the changing conditions OF tneir
social and political hfe."
He hoped the Court would maturely
consider the far.reaching consequences
of the construction which the petition
ers desired to have given to the four
tenth amendment.
AS to the allrg ed "unreasonable search
and SEIZURE" Mr.. Hunt said he would
like to know how a criminal iostru-
ment of crime could be legally taken
from him. He knew of no process by
which it could be done. if they were his
own. The question for the Corrt, how
ever, was not how was the possssSio
of these things obtained, but rather,
what do they proven
The Attorney-Generalc cited the re-
cent case of Ker, brought back from
South Amer ca without extradlnon
The Court held that the questi IN was
not, How did you get here? but, Are
you guilty7"
Toe Attorney-Gene then took p
the case of the prisoners Slelden aud
Spies, and said he understood that IL
would be urged by counsel on the other
SIDE hatthey, being foreigners-Fi e!den
an Eng shman and Spies a German
were protected by the treaties between
the United States and their respective
government, and that they would have
humanity because the treaties provided
that citizens OF England and Germany
living III the United S ates should have
all the rights and privileges guaranteed
by law to citizens of the United Stat
at the time the treaties were ratified.
The Chief Justice In what respect
is it said that TINS violates the cluzen-
ship of Great Britain?"
General ButIer-"They were to have
all the privileges of Americans at the
date of the treaties, and among thos
privileges we contend was trial ny jury
under the laws then in force. No law
could be passed to change their condi-
ton under the organic law, the highest
law"
Attorney General Hunt replied that
if this were so, then the prisoners,
without being citizens. were privileged
persons, above the laws of the State,
which they set at defiance.
At this point the hour for adjourn
ment arrived and further argument
was postponed until tomorrow.